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The Register: Open Source--It Isn't Just About Being Nice

"The Open Source Definition #1 requires that software be freely
distributable and not require the payment of a royalty. Any Patent-
encumbered software that can restrict distribution, or that can be
taxed with a royalty is not open source. Clause #3 requires that
open source software permit the creation of derived works. Software
patents are a particular threat to innovation because the practice
of a patent in /any/ context, including an innovative derived work,
can be restricted by the patent holder. An effective enforcement of
a software patent would therefore also likely invalidate the
software as open source by clause #3. Clause #6 requires that
people be able to use open source software for any purpose..."